Dec172025
Family Law Q&A Series

If we live in different counties and we were married in a different county, where should I file an uncontested divorce? – North Carolina

Short Answer

In North Carolina, an uncontested divorce can usually be filed in the county where either spouse currently resides, not necessarily the county where the marriage took place. The case is filed in District Court (often through the Clerk of Superior Court’s civil office) for the chosen county. If one spouse lives out of state, North Carolina has additional venue and service rules that may limit the filing county.

Understanding the Problem

When spouses live in different North Carolina counties and the marriage happened in a third county, the key question becomes: can an uncontested divorce be filed in the county where one spouse lives, even if the other spouse lives elsewhere and the wedding happened somewhere else? In North Carolina, the filing county matters because the divorce case must be opened in the correct court location, and the other spouse must receive proper legal notice of the filing.

Apply the Law

North Carolina treats divorce as a court case that must be filed in the proper county (called “venue”). For most North Carolina residents, venue for divorce is flexible: the action may be filed in the county where either the plaintiff (the filing spouse) or the defendant (the other spouse) resides. The divorce is filed in District Court in that county. If a spouse is a nonresident of North Carolina, the filing spouse may be required to file in the defendant’s North Carolina county, and service rules can become more specific.

Key Requirements

  • File in a county tied to residence (venue): The filing county is generally where either spouse currently resides (not where the marriage occurred).
  • Meet North Carolina residency rules to use North Carolina courts: At least one spouse must have been a North Carolina resident for the required period before filing.
  • Complete proper service and paperwork: The complaint must be properly verified and the other spouse must be legally served (or accept service), even in an uncontested case.

What the Statutes Say

Analysis

Apply the Rule to the Facts: If spouses live in different counties in North Carolina, an uncontested divorce is typically eligible to be filed in either spouse’s county of residence. The county where the marriage occurred usually does not control venue. If one spouse lives outside North Carolina, venue can tighten and may require filing in the North Carolina county where the in-state spouse (the defendant) resides, along with personal service or accepted service requirements.

Process & Timing

  1. Who files: One spouse (plaintiff). Where: District Court in the chosen North Carolina county (filed through the Clerk of Superior Court’s civil filing office in that county). What: A Complaint for Absolute Divorce (verified) and a Civil Summons; counties may have local cover sheets. When: After meeting North Carolina’s divorce eligibility requirements, including the required residency period and other statutory conditions.
  2. Serve the other spouse: The defendant must be served under the North Carolina Rules of Civil Procedure, or may accept service in the manner allowed by rule. Uncontested does not mean “no service required.”
  3. Finish the case: If the defendant does not contest and paperwork is correct, the plaintiff asks the court to enter a Judgment of Absolute Divorce. Local scheduling and whether a brief hearing is required can vary by county.

Exceptions & Pitfalls

  • Out-of-state spouse issues: If the filing spouse is a nonresident of North Carolina, state law can require filing in the defendant’s North Carolina county and can require personal service or personally accepted service.
  • Assuming the wedding county controls: Many people try to file where the marriage happened. In North Carolina, the residence county rule usually controls instead.
  • Filing in a “convenient” county without planning for venue: Even in an uncontested case, filing in the wrong county can trigger a venue challenge, delay the case, or require transfer.

Conclusion

In North Carolina, an uncontested divorce is generally filed in District Court in the county where either spouse currently resides; the county where the marriage occurred usually does not matter. A verified divorce complaint and summons must be filed and the other spouse must be properly served (or accept service). If venue is wrong, the other spouse typically must object before the time to answer expires. Next step: file the verified Complaint for Absolute Divorce in the county where either spouse resides.

Talk to a Family Law Attorney

If you’re dealing with an uncontested divorce and questions about which North Carolina county to file in, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.